2. Creating the Constitution The Constitutional Convention

3. The Framers May 25 th 1787 in Philadelphia (Independence Hall) 12 of the 13 states (all but Rhode Island) sent delegates 55 delegates made it to the convention Lawyers, planters, state legislators, writers, printers, judges, merchants, military officers Average age was 42 (many were in their 30’s) George Washington elected president of convention Closed door meetings and secrecy (no public allowed in) James Madison (kept notes) main contributor to document Met from May until September Initially met to revise or ‘fix” the Articles of Confederation Decision made to write a new Constitution

4. The Framers

5. The Problem How to construct a government strong enough to preserve order and solve the problems of the country but not so strong that it would threaten liberty The answer was NOT a direct (pure) democracy “Mob rule” Distrust of the people The answer was NOT a aristocracy (rule of the few)

6. The Virginia Plan Largely the work of James Madison Would create a 3-branch government Legislative Branch (Bicameral Congress) Representation would be based on the state’s population and wealth  Lower House (House of Representatives) elected by the people in each state  Upper House (Senate) elected by the House of Representatives Executive Branch National Executive (1 person) chosen by Congress Judicial Branch National Judiciary chosen by Congress

7. New Jersey Plan Largely the work of William Patterson Would create a 3-branch government Legislative Branch (Unicameral Congress) One House: Representation would be equal for all states Executive Branch National Executives (2 people) chosen by Congress (1 year term) Either of the national executives could be removed at the request of a majority of the state governors. Judicial Branch Supreme Tribunal: chosen by the 2 national executives and would serve a life term.

8. The Great Compromise (Connecticut Compromise) Legislative Branch (Bicameral Congress) Two Houses  Lower House (House of Representatives) based on the population of the states and elected by the people  Upper House (Senate) 2 Senators from each state, chosen by the state legislatures (17 th Amendment: 1913 would later change this to “elected by the people of the state” Executive Branch (President) 4 year term, chosen by presidential electors who were elected by the people [electoral college)  President could veto acts (laws) passed by Congress  President could be removed if impeached by the House and convicted by the Senate.

9. The Great Compromise (Connecticut Compromise) Judicial Branch (Federal Courts)  Created a Supreme Court  Federal judges nominated by the President and approved by the Senate  Judges serve life terms but may be removed by the impeachment process  Such inferior courts as Congress shall create

10. 3/5 Compromise Representation in the House was based on the population of the state (would slaves be counted as part of the population?) Southern States: YES! We will count slaves Northern States: NO! Do not count slaves 3/5 Compromise: “all free person shall be counted and 3/5 of all other persons” 13 th Amendment (1865) abolish slavery

11. Commerce and Slave Trade Compromise Congress could regulate foreign and interstate trade Southern states were fearful:  Congress would try to pay for the new government by export duties (taxes) Southern tobacco and cotton  Congress would interfere with the slave trade Compromise:  Congress was forbidden the power to tax export goods  Congress could not act on the slave trade for a period of 20 years  Congress could not interfere with the migration or importation of persons into the states (slaves)

12. The Ratification Process Article VII (7): “The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the States so ratifying the same” Federalists (favored ratification) “Nationalists”  Stressed the weaknesses of the Articles of Confederation  Published a series of articles called the Federalist Papers to defend the Constitution Anti-Federalists (opposed to ratification) “States Rights”  Feared the Constitution favored an elite minority  Constitution failed to protect individual freedoms and rights  National government would limit the power of the states DEAL: Federalist promised to add a Bill of Rights to protect individual freedoms and state rights (First 10 Amendments)

13. Summary “Bundle of Compromises” 3 Branch Government Has lasted since 1789